What is Comparative Negligence in Florida?
Posted on: June 5, 2025After a car accident, it’s natural to feel overwhelmed—especially when the insurance company starts pointing fingers. Maybe you know the other driver was reckless. Maybe you’re not sure who caused what. And suddenly, someone tells you that you were partly at fault.
Now you’re wondering: Does that mean I can’t recover anything?
If you’ve been involved in a Florida personal injury case, answering this question is essential. That’s where the concept of comparative negligence comes in.
Florida law doesn’t treat fault as an all-or-nothing issue. Instead, it looks at the percentage of fault assigned to each party involved in the crash. This system plays a huge role in how much you may be able to recover—or whether you can recover any damages at all.
In this post, we’ll explain what comparative negligence means, how Florida’s comparative negligence law works, and why it’s critical to protect yourself when fault is being disputed.
What Is Comparative Negligence?
Instead of placing 100% of the blame on one person, comparative negligence recognizes that more than one person can contribute to an accident.
This matters because the percentage of fault assigned to each party directly impacts the amount of damages they may be able to recover. If you’re found to be partially responsible for an accident, your compensation may be reduced by that same percentage.
For example, if you were awarded $100,000 in damages but were found to be 30% at fault, you’d only receive $70,000. This rule applies to the injured party as well—not just the person being sued.
Types of Comparative Negligence
There are three main types of comparative negligence used across the U.S.:
- Pure Comparative Negligence: Under the pure comparative negligence standard, an injured party can recover damages even if they are up to 99% at fault. Their recovery is simply reduced by their degree of responsibility. This is a very plaintiff-friendly model.
- Modified Comparative Negligence: In states that follow a modified comparative negligence standard, there’s a cutoff point—usually 50% or 51%. If the plaintiff is more than 50% at fault, they cannot recover any damages. If they are 50% or less, they can still recover a reduced amount.
- Contributory Negligence: A few states, including Maryland, North Carolina, and Virginia, still follow the harshest model: contributory negligence. Under this rule, if the injured person contributed to the accident in any way—even just 1%—they may be barred from recovering anything.
Understanding the degrees of fault is crucial when you’re navigating a personal injury claim. Every state applies the comparative negligence rule differently, which can drastically affect the outcome of your case.
Wondering if you have a case? Take our quiz to find out.
Florida is what’s known as a No-Fault state, which means that after a car accident, your own insurance company pays for your medical bills and lost wages, up to the limits of your Personal Injury Protection (PIP) coverage. For most drivers, that’s $10,000 (the legal minimum).
But if your injuries are serious and your costs exceed that coverage, you may be able to step outside the No-Fault system and file a personal injury claim against the at-fault driver. That’s when comparative negligence comes into play.
Florida’s Modified Comparative Negligence Rule
As of March 2023, Florida follows a modified comparative negligence standard. This is a significant shift from the previous pure comparative negligence model.
Under the new law, if you are found to be more than 50% at fault, you cannot recover any compensation from the other party. In other words, plaintiffs cannot recover damages if they are primarily responsible for the accident.
If, however, you are 50% or less at fault, you may still be able to file a claim. In that case, the plaintiff can recover damages—but the amount will be reduced in proportion to their share of fault.
Here’s how it works:
- 40% at fault = you can recover 60% of your damages
- 50% at fault = you can recover 50%
- 51% at fault = you cannot recover anything
This change in Florida’s comparative negligence law gives insurance companies even more incentive to argue that you were at least 50% at fault or 50% responsible—because doing so could allow them to avoid paying altogether.
How Is Fault Determined?
In a Florida personal injury case, fault isn’t always obvious—and it’s not always determined fairly. Often, the first entity to weigh in is the insurance company. Their goal is to pay out as little as possible, so they’re motivated to show that you contributed to the accident or were primarily to blame.
Here’s how fault is typically assessed:
- Police reports – Officers at the scene may note traffic violations, driver behavior, or witness statements. These reports are helpful when dealing with insurance companies but they are not allowed into evidence at a trial.
- Witness testimony – Passengers, bystanders, or other drivers may offer accounts of what happened.
- Photos and video – Scene photos, dash cam footage, and surveillance video can all be critical.
- Vehicle damage – The location and extent of damage can help reconstruct the impact.
- Expert analysis – In more serious cases, attorneys may consult accident reconstruction experts who analyze skid marks, vehicle positions, and other details.
Each of these pieces contributes to a picture of what happened—but that picture can be incomplete or biased. The percentage of fault assigned to each party is not fixed in stone. It can—and often should—be challenged.
Whether you’re being told you’re 20% or 50 at fault, it’s important to remember: the initial assessment is just a starting point, not a final verdict.
How Fault Affects Your Right to Compensation
The issue isn’t always whether you can recover—it’s how much you’ll recover, and whether the insurance company is assigning you more blame than you deserve.
If the insurance company decides that you were 40% at fault for the crash, your compensation would be reduced by 40%. That’s less money in your pocket for medical bills, car repairs, or time missed from work.
The bigger concern? These fault percentages are often negotiable—but many people don’t realize they can push back. Insurers often rely on incomplete police reports, one-sided witness statements by their own insureds, or assumptions that don’t tell the whole story. We have also seen claims that dash cam videos absolve their insured at fault when we learn that the representation was false when we get the video. Their goal isn’t fairness—it’s paying as little as possible.
That’s why challenging an unfair fault determination is so important. If you believe you were only 10% or 20% to blame—or not at fault at all—you can file a claim and present evidence to support your version of events.
And in some cases, the stakes are even higher. Since Florida now uses a modified comparative negligence system, plaintiffs cannot recover any damages if they’re found to be more than 50% at fault. That means the insurance company has a financial incentive to say you were 51% at fault—even if the facts don’t support it.
At Beers & Gordon, we work with investigators and accident reconstruction experts to build a clear, accurate picture of what really happened. We fight to make sure our clients aren’t unfairly blamed or undercompensated—because every percentage of fault matters when your financial recovery is on the line.
What You Can Do Next To Recover Compensation
If you’ve been injured in a crash and you’re being told you were partly—or mostly—at fault, you don’t have to accept that determination at face value.
Insurance companies often make quick judgments based on limited information. But you have the right to tell your side of the story—and to back it up with evidence. Whether you’re being blamed for 20% or 51% of the accident, that number directly affects how much compensation you can recover.
Working with an experienced personal injury attorney can make a real difference. At Beers & Gordon, we know how to challenge unfair fault assignments, gather the right evidence, and fight for the outcome you deserve. We take every case seriously—because every percentage point matters.
Contact us today for a free consultation.
We’ll help you understand your options and protect your right to full and fair compensation
Jim Gordon
Jim Gordon earned his Juris Doctorate from the University of Nebraska in 1997, and two years later began working at a firm in Orlando handling insurance defense matters on cases involving vehicle accidents, negligence, product liability, and more. He established Beers & Gordon P.A. with David Beers in 2009 to represent the rights of people injured because of negligence. He is a member of the invitation-only National Trial Lawyers organization and the Million Dollar Advocates Forum.
